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(영문) 서울중앙지방법원 2017.04.27 2015가단5374541
구상금
Text

1. The Plaintiff:

A. Defendant A shall pay for KRW 103,656,97 and for KRW 99,304,931 among them, from September 15, 1994 to October 26, 2005.

Reasons

1. In addition to the description of the claim, the description of the “reasons for Claim” and “the cause of the modified claim” is as follows.

2. Determination

A. Judgment on Defendant A by public notice (Article 208(3)3 of the Civil Procedure Act)

B. According to the evidence Nos. 1 to 6 of the judgment of Defendant B and C, the facts in the separate sheet No. 1 to 6 can be acknowledged.

Meanwhile, according to the evidence No. 2, D’s death on April 1, 2012, and the Defendants succeeded to D’s property as a grandchild, and thereafter, it can be acknowledged that the Defendants received an adjudication on acceptance of a report on recognition of inheritance by Seoul Family Court Decision 2016 Mo50627 on March 2, 2017.

According to the above facts of recognition, the Defendants are jointly and severally liable with the Plaintiff, within the scope of property inherited from the network D, according to their respective inheritance shares of 1/2, and they are jointly and severally liable to perform their obligations to the Plaintiff.

3. Therefore, the Plaintiff’s claim against the Defendants is accepted on the ground that all of the claims are reasonable.

(Attachment Form 3) A final and conclusive judgment stating "the cause of claim" has res judicata, but a new suit is exceptionally allowed as there are special circumstances in the interruption of prescription.

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